46. Since 2008, in different resolutions, the OAS General Assembly has stated that LGBTI
persons are subject to various forms of violence and discrimination in the region based on the
perception of their sexual orientation, gender identity or expression and [has] resolved to
condemn all forms of discrimination, acts of violence, and human rights violations on the basis
of sexual orientation and gender identity or expression.42
47. Up until 2017, the Peruvian State had no statistical information on the LGBTI population.
That year, the National Institute of Statistics and Informatics conducted the “First virtual
survey of LGBTI persons,” to enable “the public authorities and civil society to implement
policies, actions and strategies that guarantee their recognition and protection in different
public and private spheres.”43 According to this survey of LGBTI persons, 62.7% indicated that
they had been victims of violence or discrimination, and 17.7% that they had been victims of
sexual violence.44 Only 4.4% of all those who had been attacked or discriminated against had
reported the fact to the authorities and, of these, 27.5% indicated that they had been treated
badly and 24.4% that they had been treated very badly in the place where they had filed a
complaint.45
48. These statistics reveal that the violence against the LGBTI community in Peru receives
very little visibility. Given the structural nature and persistence of this phenomenon, it is
pertinent to use subsequent information to establish the context in which the facts of this case
occurred.
49. Significant prejudice exists against the LGBTI population in Peru. The survey conducted
by the National Institute of Statistics and Informatics determined that “56.5% of the LGBTI
population are afraid to express their sexual orientation and/or gender identity, the main reason
being the fear of discrimination and/or aggression (72%).”46 According to information cited by
the Peruvian Ombudsman, “45% of those [surveyed by the Ministry of Justice and Human Rights
in 2013] consider that LGBTI people should not teach in schools and 59% that they should not
have the right to a civil marriage.”47 According to data from the 2001 World Values Survey, 64.4%
of those surveyed considered that “homosexuality was never justified” and 49.2% indicated that
Cf. OAS, Resolutions of the General Assembly: AG/RES. 2928 (XLVIII-O/18), Human rights and prevention of
discrimination and violence against LGBTI persons, adopted at the fourth plenary session held on June 5, 2018;
AG/RES. 2908 (XLVII-O/17), Human rights, sexual orientation and gender identity and expression, June 21, 2017;
AG/RES. 2887 (XLVI-O/16), Human rights, sexual orientation and gender identity and expression, June 14, 2016;
AG/RES. 2863 (XLIV-O/14), Human rights, sexual orientation and gender identity and expression, June 5, 2014;
AG/RES. 2807 (XLIII-O/13), Human rights, sexual orientation and gender identity and expression, June 6, 2013;
AG/RES. 2721 (XLII-O/12), Human rights, sexual orientation and gender identity, June 4, 2012; AG/RES. 2653 (XLIO/11), Human rights, sexual orientation and gender identity, June 7, 2011; AG/RES. 2600 (XL-O/10), Human rights,
sexual orientation and gender identity, June 8, 2010; AG/RES. 2504 (XXXIX-O/09), Human rights, sexual orientation
and gender identity, June 4, 2009, and AG/RES. 2435 (XXXVIII-O/08), Human rights, sexual orientation and gender
identity, June 3, 2008.
42
Cf. National Institute of Statistics and Informatics, First virtual survey of LGBTI persons, 2017, p. 5. Available
at: https://www.inei.gob.pe/media/MenuRecursivo/boletines/lgbti.pdf
43
Cf. National Institute of Statistics and Informatics, First virtual survey of LGBTI persons, 2017, pp. 22 and 23.
Available at: https://www.inei.gob.pe/media/MenuRecursivo/boletines/lgbti.pdf
44
Cf. National Institute of Statistics and Informatics, First virtual survey of LGBTI persons, 2017, p. 25. Available
at: https://www.inei.gob.pe/media/MenuRecursivo/boletines/lgbti.pdf
45
Cf. National Institute of Statistics and Informatics, First virtual survey of LGBTI persons, 2017, p. 20. Available
at: https://www.inei.gob.pe/media/MenuRecursivo/boletines/lgbti.pdf
46
Peruvian Ombudsman, Derechos humanos de las personas LGBTI: Necesidad de una política pública para la
igualdad en Perú, pp. 16 and 17. Available at: https://defensoria.gob.pe/modules/Downloads/informes/defensoriales/
Informe-175--Derechos-humanos-de-personas-LGBTI.pdf
47
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